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Hazardous Waste and the Common Law: Will New Jersey Clear the Way for Victims to Recover?

October 1985

Citation: ELR 10321

Author: Phillip D. Reed

Editors' Summary: Toxic tort cases pose formidable problems of law and proof for plaintiffs. These problems are compounded in environmental suits, where defendants may be difficult to identify and causation may be especially clouded.The author outlines the obstacles to recovery in toxic tort cases arising from hazardous waste disposal, reviews developments in tort law that have reduced certain of the barriers, and then examines two pending New Jersey cases that may break further ground for plaintiffs. He concludes that the resolution of these cases will signal whether suits are likely to be practical options for victims of pollution from hazardous waste disposal sites.

Suzanne Baskin and Barnett Lawrence, ELR Legal Interns, assisted with the research for this Comment.

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